The Sindh High Court (SHC) advised the Pakistan Tehreek-e-Insaf (PTI) on Wednesday that the Imran Khan-led political party could convene its rally in the area surrounding the Quaid-e-Azam’s mausoleum but not on the mausoleum’s grounds. PTI’s counsel, Moula Bux Khatian, would approach the Supreme Court against the court’s decision.
The SHC disposed of a petition filed against the PTI for organising the party’s December 25 rally at the Quaid’s mausoleum.
The federal and Sindh governments as well as the Quaid-e-Azam Mazar Management Board (QAMMB) had submitted their statements on oath in the SHC and prohibited the PTI from holding the party’s public gathering at the mausoleum.
The SHC’s division bench comprising Justices Maqbool Baqar and Imam Bux Baloch, after hearing the petition filed by 12 citizens, declared that the permission to hold the rally at the mausoleum could be granted only by the mausoleum’s administration.
According to the petition, PTI’s rally at the mausoleum could disrupt the law and order situation in the area as well as the vehicular traffic, causing unwarranted nuisance to the citizens visiting the mausoleum.
Representing the federal government, the provincial government and the QAMMB, Sindh advocate general (AG), Sindh deputy prosecutor general and Advocate Riaz Ahmed appeared before the bench.
The AG submitted a statement on oath, written by Sindh additional chief secretary, which stated that the Bagh-e-Quaid is the property managed by the QAMMB and the National Heritage and Integration Ministry, so the Sindh government could not make a decision on the PTI’s request to hold the rally at the mausoleum.
As per the Quaid-e-Azam Mazar (Protection and Maintenance) Ordinance of 1971, no one is allowed to organise, convene or take part in any political activity in the form of procession, demonstration and public gathering over the property managed by the QAMMB, the statement said.
The statement said December 25 is the date of birth of the founder of the nation, Quaid-e-Azam Muhammad Ali Jinnah, and the national day is officially celebrated with the change-of-guard ceremony at the mausoleum.
Moreover, national and foreign dignitaries as well as a large number of people, including schoolchildren, women and senior citizens, visit the mausoleum throughout the day, the statement added.
Besides, the statement further said, many personnel of the law enforcement agencies would be deployed across the metropolitan as a part of security arrangements for the Christian community celebrating Christmas the same day.
Advocate Ahmed said according to Article 6 of the mazar ordinance, the PTI cannot convene a political rally, and the QAMMB had unanimously decided in 2008 that no political processions would be allowed at the Bagh-e-Quaid.
Stage rally anywhere but Mazar-e-Quaid, SHC advises PTI
